GREENFIELD — Two men pleaded guilty in Franklin County Superior Court on Monday to a series of charges stemming from the assault of a Sunderland liquor store clerk and her fiancé in July 2024.
Judge John Agostini sentenced Warren Martinez, 31, of Northampton, to five to 10 years in state prison, while Thomas Patnode, 25, of Greenfield was sentenced to two and a half years in the house of correction. Both defendants initially pleaded not guilty when they were arraigned in Greenfield District Court last year.
Martinez was convicted of mayhem, assault and battery with a dangerous weapon, assault and battery to intimidate based on gender identity and sexual orientation causing injury, and breaking and entering a building in the nighttime, with all charges to be served concurrently over the course of five to 10 years. Patnode was convicted of two counts of assault and battery to intimidate based on gender identity and sexual orientation causing injury, to be served concurrently over the course of two and a half years.
Patnode was also convicted of assault with a dangerous weapon, carrying a penalty of a year of probation to be served concurrently with the other assault charges. The 424 days Martinez already served and the 286 days Patnode previously served have been credited to both of their sentences.
Deputy District Attorney Jennifer Suhl explained that Patnode and Martinez attempted to buy alcohol at The Spirit Shoppe on Amherst Road in Sunderland four times on July 16, 2024, but the store clerk repeatedly turned them away because they were intoxicated. She said Martinez refused to leave several times, and the clerk working at The Spirit Shoppe, fearing for her life, put a bat on her shoulder and pushed the “panic button” to call the police.
Martinez then severely assaulted the store clerk at around 11 p.m., breaking her mouth’s palate and knocking out her three front teeth, leaving her with injuries that resulted in her having trouble eating or speaking. He also physically assaulted the clerk’s fiancé, who had been called for help and to give her a ride home.
“Mr. Martinez was able to get both of them into the parking lot area, and began beating both of them with repeated punches and kicks. He also placed both of them in a chokehold at one point in time,” Suhl said. Martinez, Suhl said, was also holding a white plastic bottle with a nozzle in one hand and struck one of the victims with the nozzle end of the bottle.
Suhl said Patnode and Martinez called the victims, who are both transgender, a slur related to their queer identities on numerous occasions during the incident.
Although Patnode had tried to de-escalate the situation inside the store, at many points signaling for Martinez to leave, Suhl said he pointed a knife at the couple during the altercation “while threatening to stab them.”
Victims’ statements
Both victims attended Monday’s hearing virtually on Zoom and provided impact statements, explaining how the assault affected them in the weeks and months after.
“I had to leave my job. I had to leave behind my family, the ones that I lived with, with my fiancé, and a few others who I also live with. I have gotten some treatment for it, both for concussion and I have gotten new teeth, but the trauma still stands — the trauma is still there,” the former clerk at The Spirit Shoppe said. “I still, every once in a while, get really scared to leave my house to go out in public. My view on the world has changed a lot, in the sense of just being overall scared for my own safety. … This has taken a toll on my own depression, my own anxiety and has led me to almost take my life multiple times.”
The store clerk’s fiancé, who suffered from significant bruising and swelling to his face, arms, neck and head, shared how he experienced headaches and vertigo for several days after the assault. He was diagnosed with a concussion. In his impact statement, he said the assault had significantly altered his life for the worse.
“It’s taken a lot more from me than I ever expected that it would. I still live in the town, and I can’t get the night out of [my head]. … I have people come into my job that only recognize me from being injured by you,” he said. “I still think about it and I can still feel the impact of it. That night never left me and I don’t know it’s going to.”
Defense
Attorney Isaac Mass, who defended Martinez in the case, acknowledged his client’s fault in the incident and stated he believed that Agostini was imposing a “reasonable sentence,” adding that the violence was “out of character” and not fueled by homophobia or hatred.
Mass also said Martinez has been a loved and respected member of his community, and spoke about his client’s history of homelessness and his work to help the homeless working with Northampton’s Touch the Sky program.
“I’ve had an opportunity to learn more about [Martinez] outside of the events that arose in this case. Obviously, the events in this case involved alcohol and that was a lot of it. … Not only was he someone who suffered from homelessness, but was well-respected within that community and became a leader within that community, speaking out on behalf of people who were homeless,” Mass said. “Mr. Martinez was always pleasant, was always calm, was always a calming influence. … He was well-respected by a very diverse community. He had suffered his own experiences of discrimination — both implicit and explicit — over the course of his life. I can tell you that the leaders who I spoke with who present as trans themselves, not only did they have good relationships with Mr. Martinez [but they] indicated to me that they, in fact, admired the work that he did in the community.”
Referencing his client’s successful completion of his high school equivalency while behind bars, Mass said he expects Martinez will continue to work to “heal his community” when he is released from prison.
Patnode’s defense attorney, Grace Edwards, addressed her client’s numerous attempts to convince Martinez to leave the store, adding that although Patnode pulled a knife in a moment of “chaos,” he had tried to keep the peace throughout the interaction. She added that Patnode, at no point in the interaction, struck either of the victims.
“I would consider him to be someone who has de-escalated the situation. I heard the commonwealth mention several times that Mr. Patnode left, disengaged, tried to get Mr. Martinez out of the situation — it was actually six instances,” Edwards said. “My client that night was in the wrong place at the wrong time with the wrong person. … The very last photograph I would have shown the jury [had this case gone to trial] was Mr. Patnode would actually go into the door of The Spirit Shoppe to see if the two folks were OK.”
As a term of Patnode’s probation, he must complete any diversity awareness and substance abuse treatment programs offered to him at the house of correction. Edwards said her client is “looking forward” to these programs.
In an interview, Edwards said she believes her client would have been found not guilty had the case gone to trial.
“I know that Thomas [Patnode] felt very bad about what happened, but it’s important for people to know that he did not physically assault either of those two folks. … Ultimately, [a plea] is always the client’s decision and [Patnode] has chosen to accept the agreement,” Edwards said. “We’re very sorry for the injustices and trauma the victims experienced that night, but [Patnode] chose to de-escalate. … Nobody deserves to be beaten as they were beaten, and we hope that they recover and get help with their trauma.”
